检察环境公益诉讼与生态环境损害赔偿诉讼的衔接

The Connection between Environmental Public Interest Litigation and Ecological Environmental Damage Compensation Litigation

检察环境公益诉讼与生态环境损害赔偿诉讼都是生态文明制度建设的重要组成部分,在依法依规追究环境破坏责任、实现损害赔偿和生态修复上殊途同归。当前,二者衔接不畅的原因主要在于信息共享机制尚不健全,磋商机制实效性不强,诉讼序位仍有待厘清,证据移送及协同调查规则不明确,生态修复责任需落实落细等。为加强两种诉讼制度的衔接配合,避免不同机制功能重叠和行政司法资源浪费等问题,诉前应建立线索双向移送和信息共享机制,设置磋商前置程序,确立生态环境损害赔偿诉讼的优先顺位;诉中应建立并完善证据移送与协同调查机制;诉后应强化生态环境修复义务的履行与相应的检察监督。

Procuratorial environmental public interest litigation and ecological damage compensation litigation are both important components of ecological civilization system construction.They lead to the same destination in investigating environmental damage responsibility,damage compensation and ecological restoration according to law and regulations.At present,the main reasons for the lack of smooth"connection between the two lawsuits"are:the information sharing mechanism is not perfect,the consultation mechanism is not effective,the litigation order is still to be clarified,the evidence transfer and collaborative investigation rules are not clear,and the ecological restoration responsibility needs to be detailed.In order to strengthen the connection and cooperation between the two litigation systems and avoid the overlapping of functions of different mechanisms and waste of administrative judicial resources,the mechanism of two-way transfer of clues and information sharing should be established before litigation,and the pre-negotiation procedure should be set up to establish the priority of ecological damage compensation litigation.During litigation,it is important to establish and improve mechanisms for evidence transfer and collaborative investigation.After litigation,the fulfillment of ecological environmental restoration obligations and corresponding prosecutorial supervision should be strengthened.